"I was terminally ill and I didn't know how long I could survive, and the only thing I couldn't let go of was my young child's ......This may be my last live broadcast, giving all the benefits to my family. "A female anchor cried in front of the camera.
My family didn't understand me either, my wife divorced me, and my son ignored my ......A CEO choked up and told about the hardships of starting a business while selling jewelry products.
The fruits grown by the uncle in the village are of good quality and green and environmentally friendly, and the family can get them quickly, so that the uncle can go back to rest early. The faceless anchor said. In front of the camera, the two looked at the elderly man who was nearly 70 years old, thinly dressed and shivering from the cold.
This is the scene of live streaming with goods that the reporter of "Rule of Law**" saw in the live broadcast room late at night recently. When night fell, the pointer crossed 11 o'clock, and some live broadcast rooms suddenly became "Les Miserables", and the cries and tears in the middle of the night seemed to inspire people's kindness and empathy, becoming the traffic password for these anchors.
The interviewed experts pointed out that the grasp of consumers' sympathy for the weak and the low cost of violating the law are the main reasons for the repeated prohibition of "miserable" live broadcasts. It is recommended to improve the rules for live broadcast behavior, build an anchor access mechanism, and make full use of information technology and manual monitoring to increase the extent of platform supervision.
Use the elderly to sell miserable goods.
Induce the audience to place orders one after another.
At 1 o'clock in the morning on December 9, in the live broadcast room of a certain platform for "Mountain Stream", two elderly people were still live broadcasting.
They sat in tents surrounded by freshly picked oranges. Because of the low temperature and the thin clothes of the two old men, they were so cold that they rubbed their hands together. Off-camera, the anchor live-streamed the goods in the form of narration, introducing that these oranges were all grown by the village uncle. "Laugh and say hello to the fans" and "Say thank you to your family" ......The anchor commanded the two old men in front of the camera.
The anchor claimed that the live broadcast of fruit sales is mainly for public welfare, and most of the proceeds will be distributed to the elderly in the village, "Our team only makes a little money." And when netizens typed out messages such as "Why do you want to let the old man live broadcast so late", "Why don't you wear more on such a cold day", "Let the old man go back to rest early" and other messages, the anchor's reply was obviously impatient, "If the fruit can't be sold, how can farmers make money and live", "It's not so much that it's better to buy two boxes of fruits, and the old man can go back to rest after selling them", "The family quickly places an order".
The reporter observed for many days and found that the live broadcast room started after 10 o'clock in the evening every day, and often at one or two o'clock in the morning, and the old man in the camera behaved more wooden and pitiful.
The reporter placed an order for a box of oranges in the live broadcast room, but after getting it, he found that it was not the same province as the orchard that the anchor claimed to have picked and distributed. After the reporter fed back the matter to the customer service in the live broadcast room, the other party did not respond.
On the morning of December 9, the reporter gave feedback to the platform where the live broadcast room was suspected of using the elderly to sell miserably. On December 12, the relevant staff of the platform responded that the facts of the live broadcast room's use of the elderly to sell miserable goods were conclusive, and the platform had permanently banned the e-commerce permissions of relevant talents.
It's not uncommon for late-night live broadcasts to sell miserably - dim lighting, simple environments, and people with tired faces and tears in their eyes have told about their misfortunes. In the live broadcast room, there are dozens of netizens, and hundreds or thousands of people, and there are not a few who give tips and place orders.
At half past 12 o'clock in the morning on December 8th, the live broadcast room of a certain platform for "Jewelry Selection" was still very "lively", the anchor called himself "son", focusing on the character of "filial piety", and the target group was elderly women. "It's too difficult to start a business, my family doesn't understand, and I am hated by my peers ......The anchor choked up and said, "In order to benefit everyone, I don't know how many peers I have received, and I can't remember how many people have scolded me, but as long as I can bring you really good jade, I don't care about these." ”
At this time, the sad atmosphere continued to be set off in the live broadcast room, and someone in the comment area swiped the screen, "How can you make money to support your family at such a low price, no wonder your daughter-in-law is angry with you" "Mr. Sun, you can't sell it anymore, this piece of jade rough is the last piece left to you by your grandfather" "Child, you have a heart, it's better than my children to me" ......A faceless control officer in the live broadcast room echoed: "Mr. Sun, even if you don't care about outsiders, you should take care of your family." For the welfare of mothers, your home is going to be scattered......
Immediately afterwards, the anchor began to bring the goods: "For the sake of the mothers in the live broadcast room, what if I have nothing in the end." The original stone worth millions of yuan, the son made it into a jade bracelet, filial piety to the mothers, 299 yuan, on the link!"Moms, look how much I love you, in the past 3 years, I have spent hundreds of millions of yuan to build a nursing home for you, and when you are old, take the jade you bought from me, stay for free, and then I will honor you well!."”
The reporter noticed that from 11 p.m. the night before to 1 a.m. the next day, the anchor said at least 3 times just "This is the last piece of jade rough left in my grandfather or the museum at home".also said that he would hurry down to accompany his son, but two hours have passed and the goods are still loading. Accompanied by the sad **, the anchor choked up several times during the live broadcast, and many netizens were moved by the anchor and placed orders one after another.
Implement false sales and miserable marketing.
Illegal and immoral suspicion of fraud.
In fact, "miserable" live streaming is not a new thing. The anchor "encountered" a teenager who was herding cattle home, and asked if he could go to his house for a mealThe old man and his children were selling pomegranates on the side of the road, but the pomegranates were ruthlessly thrown out by the people in the carThe little girl carried her schoolbag all the way home to pick up bottles, just to sell them to pay for ......her tuitionFor the sake of traffic and monetization, the sale is miserable** and live broadcasts are endless.
On September 20, the Liangshan Prefecture Public Security Bureau and other departments announced the details of Sichuan's first "series of Internet celebrity live broadcast cases", revealing the "Liangshan Qubu", "Zhao Ling'er", "Liangshan Mengyang" and other Internet celebrities with millions of fans, through creating "visual poverty", bringing goods and selling counterfeit agricultural products, and finally seeking high profits of the "fan attraction-drainage-goods-realization" interest chain.
With the intensification of the crackdown and rectification, the "miserable" live broadcast began to hibernate, and some anchors were ready to move in the middle of the night.
Sun Xing (pseudonym), a short ** enthusiast from Guangdong, was deeply impressed: one night in July this year, he swiped a sick anchor when he was browsing a shopping app, and he kept crying that he had little time and felt sorry for his young children. When there were more and more netizens in the live broadcast room and they were concerned about its status, she began to "send benefits" - selling jewelry at a discount, "I will sell more than 100 or 200 crystals with an original price of several thousand yuan, and I hope that the family members who want it can grab it, so I should give my children some blessings."
The first time I swiped it, I didn't realize that she was pretending, and I felt very pitiful, only in her 30s. As a result, a few months later, I brushed her again, and it was still the same set of words. There are also people in the barrage who poke at her, sometimes saying that she is sick, and sometimes saying that her family is sick. Sun Xing said that the "miserable" live broadcast is too hateful, consuming the kindness of netizens and polluting the Internet atmosphere.
Lawyer An Zhijun, a partner at Beijing Yinghe Law Firm, said that the legal issues involved in the "miserable" live broadcast can be divided into two levels.
If the miserable situation of the anchor is a fact, and the miserable selling is only to increase sales and improve the living situation, in this case, if there is no problem with the quality of the product, then this miserable selling is not illegal;If the purpose of selling miserable goods or services is to cover up the truth that the goods or services are illegal, so that consumers fall into a wrong understanding and then buy goods or services, resulting in property losses, the miserable seller is suspected of fraud, and in serious cases, he may violate the criminal law and should be investigated for criminal responsibility. An Zhijun said.
In the view of Li Jie, director of Beijing Guantao Zhongmao (Qingdao) Law Firm, selling goods through fabrication of tragic facts does not involve the evaluation of the goods, and the goods themselves do not have quality defects and other problems, and this kind of sales method is a kind of fraud.
Therefore, when the anchor who is full of routines overturns, according to the Consumer Protection Law, the deceived consumer can request a refund from the anchor with the goods and receive compensation for three times the price of the product. If the livestreaming platform clearly knows or should know that the anchor with goods is using its platform to carry out false marketing and infringe on the lawful rights and interests of consumers, and fails to take necessary measures, it shall bear joint and several liability with the anchor in accordance with law. Li Jie said.
In the interview, some industry insiders pointed out that it is difficult to distinguish between the real and the fake of the anchor's miserable sale, but in reality, there are indeed people who have difficulties and want to get help through the Internet, so it is not reasonable to ban the "miserable" anchor "one size fits all". So, how exactly do you discern the authenticity of the anchor's experience?
The E-commerce Law stipulates that e-commerce platform operators shall require operators applying to enter the platform to sell goods or provide services to submit their identity, address, administrative license and other true information, conduct verification and registration, establish registration files, and periodically verify and update. An Zhijun said that the main body of verification of the anchor's experience should be the live broadcast platform. However, at present, the law does not take "providing information about one's own experience" as the legal obligation of anchors to enter the platform, and this blank spot needs to be filled urgently.
Improve the rules of conduct for live streaming.
Strengthen the supervision of platforms.
In March this year, the Cyberspace Administration of China issued a notice that in accordance with the 2023 "Qing Lang" series of special action plans, from March 12, a two-month special action will be launched to "Clear and Strict Rectification of 'Self-Safety' Chaos", and the main task mentions that it will comprehensively rectify the illegal profit-making behavior of "self-**", and strictly rectify the "self-**" use of vulnerable groups to realize traffic, including coaxing and enticing the elderly to pose for photos**, opening live broadcasts, and deceiving netizens to like, reward, donate, etc.;Deceive and lure people with disabilities, and gain traffic through illegal and immoral methods such as selling miserably, spoofing, and abuse;Ignoring the physical and mental health of minors and exploiting minors for profit.
Although the supervision has increased, why are these "miserable" live broadcasts repeatedly banned and still have a market?
Ren Chao, deputy dean of the School of Economic Law of East China University of Political Science and Law, believes that the reason why the "miserable" live broadcast or short ** has been repeatedly banned is, in the final analysis, a kind of grasp of consumers' sympathy for the weak mentality. The content of these "miserable" live broadcasts focuses on daily emotional disputes, such as mother-in-law and daughter-in-law conflicts, and husband's cheating. Such a thing can happen in every household, and it can resonate with the best people. In order to further grasp the sympathy of the ** person, the anchor told the ** person with tears in the form of ** and Mao, the ** person will unconsciously tilt towards the anchor psychologically, and the perfect image of the anchor's kindness and responsibility will be deeply rooted in the hearts of fans, and then the live broadcast can also gain the trust of fans in their selection.
In addition, most of the life experiences of elderly anchors are tragically abandoned by their children, their wives have passed away, and they have raised their grandchildren alone. Under the influence of the good social customs of respecting the old and loving the young in my country, everyone will have a protector mentality towards the elderly, which may be thinking of their parents, grandparents, or thinking of what they look like when they are old. In the era when traffic is king, it can resonate with the best people and make them sympathetic, so that they can take the initiative to buy goods in the live broadcast room with money from their own pockets, which can bring huge profits to the institution, and this huge profit is often only one-tenth of the elderly anchor, and they will be grateful, whether it is the input cost or the way of profit distribution, it is the company behind the anchor that is most willing to see. Ren Chao said.
In Ren Chao's view, there is a trend of routine live broadcast for the elderly in the "miserable" live broadcast, obvious traces of manipulation by self-leading and MCN companies, unfair profit distribution of shopping income in the live broadcast room, and long-term live broadcast late at night that damages the health of the elderly. The subordinate relationship between the elderly anchor and the MCN company should pay special attention to whether it violates the relevant provisions of the labor law on the employee's right to rest and the right to receive remuneration, and whether it violates the principle of fairness in the civil law.
Li Jie said that this kind of behavior may not be within the scope of the platform's key supervision, and the platform generally only takes account blocking for fraud. The anchor will open a new account in a few days and continue to make the same live broadcast, and the cost of violating the law is low.
How should we standardize the governance of online marketing routines such as "posing for photos" and "selling miserable" live broadcasts?
An Zhijun suggested that the rules of live broadcast behavior should be improved. When the live broadcast platform settles in, it prohibits abnormal sales methods such as miserable sales in the agreement, and formulates targeted responsibilities to fundamentally eliminate abnormal sales behavior. In addition, it is necessary to strengthen the supervision of platforms. Livestreaming platforms should establish a comprehensive monitoring system of "information technology + manual monitoring", promptly discovering and fixing evidence of abnormal sales such as miserable sales, promptly cutting off the live broadcast, banning or even blocking accounts involved in abnormal sales such as miserable sales for a limited period of time, and restricting the registration and stationing of entities and anchors who register live streaming accounts.
Li Jie believes that the platform can set up a special review department for this kind of "miserable" live broadcast room, increase the intensity of special review, prohibit the commercial realization of false "miserable" live broadcast rooms, and carry the banner of platform responsibility. It is also necessary to strengthen the linkage between the platform and the regulatory and law enforcement departments, and strictly punish companies and individuals who specialize in marketing "miserable sales", and the platform should actively assist the regulatory and law enforcement departments to strangle such illegal acts in the cradle. (Rule of Law**).